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(영문) 부산지방법원 2018.01.12 2016가단331568
유체동산인도
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The party-related Plaintiff is a corporation that runs the wholesale and retail business, etc., and the Defendants (hereinafter Defendant L&Wn Co., Ltd. 1, Defendant 1’s joint business operators, and Defendant D’s joint business operators, Defendant 1’ joint business operators, are corporations that run TV home shopping business, Internet shopping mall business, etc.

B. On August 27, 2012, the Plaintiff entered into a product supply contract with the Defendants, and the Plaintiff entered into a contract with the Defendants for the supply of goods (hereinafter “instant supply contract”) with the Defendants by the end of the following month after selling the instant goods through home shopping, etc., by supplying the Defendants with “2012F/W,” “2013S/S,” “Accus trekking,” “Accushovah” (hereinafter “instant goods”).

C. The supply and sale of the instant product 1) Defendant 1’s order to the Plaintiff

If you send e-mail e-mail, the plaintiff sent the above e-mail to the defendant 1.

Based on the audience’s letter, sending the specifications of the instant product to the e-mail, while requesting a cargo vehicle to transport the instant product to the cargo vehicle and thereby requesting the carriage of the reputation of the corporation (hereinafter referred to as “clear goods”).

(2) The Plaintiff supplied Defendant 1 with the instant product from October 4, 2012 to November 14, 2014 in the manner as above, and Defendant 1 paid the price for the instant product sold through Home Shopping, etc. from around October 2012 to the Plaintiff from around October 2014. Since around the end of 2014, Defendant 1 did not request the Plaintiff to supply the instant product any longer and thus, Defendant 1 did not request the Plaintiff to supply the instant product.

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